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2022 Supreme(Ori) 193

B.R.SARANGI, SAVITRI RATHO
Kamala Agencies – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Petitioner:Mr. Pitambar Acharya, Sr. Advocate along with M/s S. Rath and S.S. Tripathy.
For the Opp. Parties :Mr. Ashok Kumar Parija, Advocate General along with Mr. P.P. Mohanty, Additional Government Advocate.

JUDGMENT :

B.R. Sarangi, J.

The petitioner, which is a proprietorship firm and registered dealer, whole-seller, supplier and distributor of veterinary drugs/medicines, chemicals, veterinary instruments and equipments, has filed this writ petition seeking to quash the decision taken by opposite parties no. 2 and 3 in the meeting of the tender committee under Annexure-4 dated 28.03.2022 and to declare the provisions of clause 5.2, more specifically clauses 5.2.5, 5.2.5.2 and 5.2.6.3 of the bid document, bearing reference No. 01/2021-22/DAHVS/ Veterinary Instruments/ Equipments/ Chemicals/ Reagents/ Media dated 29.12.2021 as void ab initio. The petitioner further seeks direction to the opposite parties to consider the financial bids of the eligible bidders fulfilling the prequalification criteria of un-amended clause 5.2 and to reject the bids of ineligible bidders, which were otherwise ineligible before amendment of clause 5.2, more specifically clauses 5.2.5, 5.2.5.2 and 5.2.6.3 of the bid documents.

2. The factual matrix of the case, in brief, is that opposite party no.2 floated a

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